For thousands of families in California, the Board of Parole Hearings is the most consequential institution they will encounter in the criminal justice system. This is the body that decides whether a person serving a life or indeterminate sentence is ready to be released. Understanding how the process works — from the first consultation years before a hearing to the Governor's review afterward — is essential for families who want to provide meaningful support.
Who Goes Before the Board of Parole Hearings?
The BPH (Board of Parole Hearings) handles parole suitability hearings for people serving indeterminate sentences — sentences written as a range (such as "15 years to life" or "25 years to life"). These are primarily individuals convicted of serious or violent offenses, including murder, attempted murder, kidnapping for ransom, and other crimes that carry life terms. People serving determinate sentences (fixed terms like "8 years") are released automatically after serving their time and any applicable credits — they do not go through the BPH suitability process.
The Board also handles parole revocation for people who violate parole conditions, and other specialized review functions, but the suitability hearing is the one most families need to understand.
The Initial Consultation: Five to Six Years Before the First Hearing
The BPH process does not begin with the hearing itself. Approximately five to six years before an inmate's first parole suitability hearing, a commissioner or deputy commissioner from the BPH meets one-on-one with the incarcerated person. This meeting is informal — it is not the hearing itself — but it is important.
At this consultation, the commissioner explains the hearing process and what the Board looks for in making a suitability determination. They review the inmate's activities and conduct to date and discuss the legal factors that the panel will later weigh. They also make concrete recommendations about work assignments, rehabilitative programs, and institutional behavior that can strengthen the case for parole when the hearing arrives years later.
This consultation should be taken seriously. The recommendations made at it should guide program participation decisions for the years leading up to the first hearing.
The Risk Assessment
Before each parole hearing, the BPH's forensic psychology staff conduct a comprehensive risk assessment if the inmate's last assessment will be more than three years old at the time of the hearing, or if it is the first parole hearing. The forensic psychologist evaluates the inmate through an interview and review of records, and produces a written risk assessment that the hearing panel considers. The assessment uses validated actuarial instruments and clinical judgment to estimate the individual's risk of reoffending if released.
The risk assessment is one of the most important documents in the parole process. Families often ask whether they can submit information for the psychologist's consideration — the answer is that the psychologist relies primarily on institutional records and the interview, but having accurate information in the inmate's file about family support, housing plans, and employment prospects can be reflected in the assessment.
The Hearing Itself
Parole suitability hearings at the California BPH are conducted by a panel of two to three members — typically commissioners and a deputy commissioner. Most hearings are conducted by video-conference rather than in person. The typical hearing lasts approximately 2.5 hours.
Who Is at the Hearing
- The inmate and their attorney (the inmate has the right to representation)
- A district attorney representative (typically arguing against parole)
- Victims or their family members, if they have registered with the Office of Victim and Survivor Rights and Services and wish to attend
- The hearing panel (commissioners and deputy commissioner)
What Is Discussed
The panel reviews the commitment offense in detail, the inmate's entire criminal history, their behavior in prison, their risk assessment, their parole plans (housing, employment, support), and their psychological profile. The panel asks questions and allows the inmate and their attorney to present evidence in support of suitability. The DA representative may cross-examine and argue against release.
Factors the Panel Weighs
The BPH's regulations describe factors both in favor of suitability and against it. These are not a checklist — the panel weighs the totality of evidence — but they are the lens through which the case is evaluated.
Factors Supporting Parole Suitability
- No juvenile record, or a limited one
- Stable social history before the commitment offense
- Genuine remorse and insight into the offense
- Limited or no history of prior crimes
- Older age at time of hearing (particularly for those who committed offenses as youth)
- Realistic parole plans — a specific place to live, support from family, and employment prospects
- Positive institutional behavior — no serious disciplinary write-ups
- Participation in and completion of rehabilitative programs
Factors Against Parole Suitability
- A commitment offense of unusual cruelty or callousness
- History of violence prior to the commitment offense
- Unstable social history (chronic unemployment, unstable relationships)
- Psychological factors suggesting risk of reoffending
- Serious disciplinary history in prison
- Prior sex offenses
Victims and Family Members: Your Role
If you are a victim's family member or a supporter of the inmate, your role is different but both are provided for. Victims registered with CDCR's Office of Victim and Survivor Rights and Services are notified of hearings at least 90 days in advance and may attend the hearing and provide a statement. Victims may also bring a support person.
Families of the incarcerated person can support the parole case by helping develop a realistic, documented release plan. Having a confirmed place to live, a letter from a family member offering housing and support, and evidence of employment prospects or community resources can meaningfully strengthen the parole application.
The Decision and What Comes After
At the end of the hearing, the panel may grant parole, deny parole, or in a two-person panel, issue a tie vote. If parole is denied, the panel announces the next hearing date — denial periods range from 3 to 15 years depending on the circumstances. If granted, the decision is a proposed decision that undergoes a 120-day administrative review by the Board's legal office.
For murders, the Governor of California has 30 days within that 120-day window to review and potentially reverse the decision. For other offenses, the Governor does not have review authority. After the review period, if the decision stands, release planning proceeds.